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HomeMy WebLinkAboutCC 3 ASSESS DIST 89-9 11-20-89~.--:~.] ~ ,, CONSENT CALENDAR NO. 3 ATE: NOVEMBER 13, 1989 ~ TO: FROM: SUBJECT: WILLIAM HUSTON, CITY MANAGER PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION PROPOSED CITY OF IRVINE ASSESSMENT DISTRICT NO. 89-9 RECOMMENDATION: That the Tustin City council at their meeting of November 20, 1989 adopt the attached resolution of consent for the formation of City of Irvine Assessment District No. 89-9. BACKGROUND: The attached copies of Cit~ of Irvine Resolutions Nos. 89-110 and 89-125 declare the City's intention to order certain improvements in the proposed Assessment District No. 89-9 and request the City of Tustin to approve the proceedings for the formation of the District within Tustin's jurisdictional limits. As shown in yellow on the attached exhibits, a portion of the proposed city of Irvine Assessment District No. 89-9 is located within the City of Tustin jurisdictional limits. This area (shown in yellow) is owned by The Irvine Company who was also'the petitioner requesting this Assessment District. DISCUSSION: The proposed District 'does not adversely impact the City or any properties other than The. Irvine Company-owned parcel indicated above. The formation of this district will not create any financial impact to Tustin. The City of Irvine with the adoption of their City Council Resolution No. 89-125 has requested the City of Tustin to approve the initiation of their proceedings for the formation of Assessment District No. 89-9 and the assumption of jurisdiction with respect thereto by the City of Irvine. The attached Tustin City Council resolution accomplishes the following: Approves the City of Irvine Resolution of Intention No. 89-110 for the formation of, and work relating to, the City of Irvine Assessment District No. 89-9, the assessment on the land therein, and the assumption of jurisdiction for the purpose of assessing City of Tustin land lying within such Assessment District; and is presented to the City Council for adoptiOn on November 2.0, 1989. ~0b Le-dendecker Director of Public Works/City Engineer 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION ~NO. 89-172 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING A PROPOSED RESOLUTION OF INTENTION OF THE CITY OF IRVINE FOR THE FORMATION OF AND WORK RELATING TO THE CITY OF IRVINE ASSESSMENT DISTRICT NO. 89-9, THE ASSESS- MENT ON THE LAND THEREIN AND THE ASSUMPTION OF JURISDICTION FOR THE PURPOSE OF ASSESSING CITY OF TUSTIN LAND LYING WITHIN SUCH ASSESSMENT DISTRICT WHEREAS, the City of Irvine proposes to create an assessment district to be designated "City of Irvine Assessment District No. 89-9" ("Assessment District No. 89-9"); and WHEREAS, Assessment District No. 89-9 will be created pursuant to the Municipal Improvement Act of 1913 and bonds will be issued pursuant to the Improvement Bond Act of 1915 in connection with the formation of Assessment District No. 89-9; and WHEREAS, parts of Assessment District No. 89-9 will be outside the boundaries~of the City of Irvine and inside the boundaries of the City of. Tustin; and WHEREAS,~ the City Council of the City of Irvine has determined that the purposes sought to be accomplished by the work, ac.quisitions and improvement relating to Assessment District No'. 89-9 can best be accomplished by a single, comprehensive scheme of work and that, therefore, pursuant to Sections 10103 and 5115 of the Streets and Highways Code, the City Council of the City of Irvine has the power and' authority, after receiving the required consents, to extend the boundaries of Assessment District No. 89-9 beyond the territorial limits of the City of Irvine; and WHEREAS, pursuant to Sections 5117 and 10103 of the Streets and Highways Code, the City Council of the City of Irvine has adopted its resolution of intention on July 18, 1989 (the "Resolution of Intention"), a copy of which is attached hereto as Exhibit I, that the lands to be within Assessment District No. 89-9, including those outside the territorial limits of the City of Irvine, will be benefited by the work, acquisitions and improvements of Assessment District No. 89-9; and WHEREAS, Section 10103 and Sections 5115 through 5119 of the Streets and'Highways Code authorize a city (i) to perform the work of an assessment district containing lands outside such city's territorial limits; (ii) to levy, collect and enforce assessments to pay the expenses of such work; and (iii) to assume jurisdiction over the lands outside its territorial limits for 1 5 6 ? 8 9 10 11 12 15 16 17 19 20 21 25 26 purposes of the assessment proceedings after submitting the proposed resolution of.intention to the legislative body of the city or county whose lands the assessment district will include if the city proposing the assessment district receives the approval and consent of such legislative body to the resolution of intention, the work and the assessment; and WHEREAS, as required by Sections 10103 and 5118 of the Streets and Highways Code, the City Council of the City of Irvine has submitted to the City City Council of the City of Tustin its Resolution of Intention, together with a map setting forth the proposed boundaries of Assessment District No. 89-9 and a description of the work, acquisitions and improvements relating to Assessment District No. 89-9. BE IT RESOLVED, determined and ordered by the City Council of the City of Tustin as follows: SECTION 1. The City Council of the City of Tustin hereby finds and determines that it is in the best interests of the City of Tustin that Assessment District N©. 89-9 be formed as proposed. SECTION 2. The City Council of the City of Tustin hereby approves the proposed Resolution of Intention of the City of Irvine in the form attached to this Resolution. SECTION 3. The City Council of the City of Tustin, in' accordance with Sections 5118 and 10103 of the Streets and Highways Code, hereby consents to (i) the formation of Assessment District No. 89-9, (ii) the work, acquisition and improvements within Assessment District No. 89-9, and (iii) the assumption of jurisdiction by the City of Irvine over that portion of land within Assessment District No. 89-9 representing territory of the City of Tustin for the purposes of the formation and assessment proCeedings. Adopted this 20th day of November, 1989. Mayor'of the City of Tustin ATTEST: City Clerk of the City of Tustin CITY COUNCIL RESOLUTION NO. 89-110 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRVINE DECLARING ITS INTENTION TO ORDER THE CONSTRUCTION OF CERTAIN IMPROVEMENTS IN PROPOSED ASSESSMENT DISTRICT NO. 89-9' WHEREAS, in accordance with the provisions of Section 2804 of the California Streets and Highways Code, the owners of more than 60 percent in area of the property subject to assessment for the proposed construction of certain improvements, hereinafter described have signed and filed with the Clerk of the City Council a written Petition for the construction in proceedings to be taken by the City Council, pursuant to the Municipal Improvement Act of 1913, and for the issuance of bonds in th=_ proceedings under the Improvement Bond Act of 1915 and Chapter 7 of Division H of Title 11 of the Code of Ordinances of the City of lrvine, and by the Petition waived all proceedings required by the provisions of Division 4 of said StreeTs and Highways Code (being the Special Assessment Investigation, Limitation and Majority Protest Act of 1931, Streets and Highways Code Sections 2800-3012); and WHEREAS, the public interest and convenience requires the construction of said improvements. NOW, THEREFORE, the City Council of the City of lrvine DOES HEREBY RESOLVE as follows: SECTION 1. The foregoing recitals are true and correct and the City Council so finds and determines. SECTION 2. The City Council hereby finds and determines that the Petition has been sil~ned by the owners of more than 60 percent in the area of the property subject to assessment for the proposed acquisitions hereinafter described and hereby grants the Petition and hereby determines that the situation described in Clause 3 of Section 2804 of the SWeets and Highways Code exists and that the Majority Protest Act of 1931 shall not apply to the proeeedinl~s hereinafter provided for. SECTION 3. The public interest and convenience require the construction and acquisition of the improvements hereinafter described. SECTION 4. It is the intention of the City Council of the City of Irvine to order the work, acquisitions, and improvements to be made for an assessment district (hereinafter provided for) desil~ated .a~aessment District No. 89-9, the exterior boundaries of which are hereinafter specified and described in Section 5 hereof, the work, acquisitions and improvements being' as set forth on Exhibit "A" attached hereto. Except as in this resolution otherwise specifically provided, ail the acquisitions shall be made and done pursuant to the Municipal Improvement Act of 1913 and Chapter 7 of Division H of Title II of the Code of Ordinances of the City of lrvine. SECTION 5. The City Council hereby declares that the territory within the boundaries hereinafter specified and described is the district to be benefited by the work, .. acquisitions, and improvements to be made and to be assessed to pay the cost and -1- ~.xpenses thereof; that the expense of the work, acquisitions, and improvements is hereby made chargeable upon the district; and that the exterior boundaries of the assessment district are hereby specified and described to be as shown on that certain map now on file in the office of the City Clerk of the City of Irvine entitled "Proposed Boundaries, Assessment District No. 89-9, City of Irvine," which map indicates by a boundary line the extent of the territory included in the proposed district and shaLl govern for aJ~ details as to the extent of the assessment district. On the ori~inal and copy of the map of such assessment district on file in the ~lerk's office, the Clerk shall endorse the certificate evidencing the date and adoption of this Resolution. The Clerk shall file the ori~inal of such map in her office and, within fifteen (15) days after the adoption of the Resolution fixing the time and place of hearing on the formation and extent of the assessment district, the Clerk shall file a copy of such map so endorsed in the records of the County R. eeorder, County of Orange, State of California. SECTION 6. All public streets, alleys, easements and ways, and all publicly owned property in the assessment district in use in the performance of a public function shall be omitted from the assessment hereafter to be made to pay the cost and expenses of the acquisitior~. SECTION 7. The City Council further declares that it is its intention to enter into a~reements with Southern California Edison Company, Southern California Gas Company, Pacific Bell, Irvine Ranch Water District and Community Cablevision, public utilities, pursuant to Section 10110 of the Streets and Highways Code, regarding the construction and instaLlation of certain facilities, the cost of which shall be assessed upon the real _property benefiting therefrom and title to which shall vest, upon completion, in said ublic utility. SECTION 8. Notice is hereby given that serial bonds to represent unpaid assessments, and which bear interest at a fixed or variable interest rate of not to exceed twelve percent (1296) per annum, or such higher maximum interest rate as may be provided in the resolution of issuance, will be issued hereunder in the manner provided in Division 10 of the Streets and Highways Code (the Improvement Bond Act of 1915) and Chapter ? of Division H of Title II of the Code of Ordinances of the City of Irvine and the last installment of such bonds shall mature in not to exceed 39 years from the second of July next succeeding 10 months from the their date or as provided in said Chapter ?. The alternate procedure for collecting assessments'.~nd advance retirement of bonds as set forth in Part 11.1 of Division 10 of the Streets and Highways Code shall apply herein. Pursuant to Section 8650.1 of said Code, the City Council may determine to issue said bonds so that other than an equal annual .proportion of the principal amount shall mature each year. SECTION 9. The City Council further hereby declares that it is its intention to covenant that, upon default of any assessment payment due and upon written demand of any bondholder affected thereby, it will cause foreclosure proceedings to be brought within 150 days of such demand, as permitted by Section 8830(b) of the Streets and Highways Code. SECTION 10. The City Council further declares that it is its intention to create a special reserve fund to provide for the purchase of tax delinquent property by the City ~nd for other advances contemplated to be made by the City under Part 13 of Division 10 the Streets and Highways Code, as permitted by Sections 8880-8886 of the Streets and ..ighways Code. RESOLUTION ~':O 8 9 - lJ. 1.. 0 -2- SECTION 11. The City Council hereby finds and determines that if the assessment proposed herein results in a surplus in the improvement fund to be provided for in the proceedings hereafter taken pursuant to this resolution, after the 'improvements are acquired, the surplus shall be applied as a credit on the assessment, unless the City Council hereafter otherwise provides by resolution, all in accordance with the provisions of Sections 10427 to 10427.2, inclusive, of the Streets and Highways Code. SECTION 12. Whenever,' in the Municipal Improvement Act of 1913 or in the Improvement Bond Act of 1915 a notice, resolution, order or other matter relative to said proceedings for the work, acquisitions and improvements in said assessment district is required to be published, the City Clerk is hereby ordered to publish such notice, resolution or other matter in the Irvine World News, which is hereby selected by the City Council for that purpose. SECTION 13. The City Council hereby refers the proposed acquisitions and improvements to the Superintendent of Streets, and hereby directs the Superintendent of Streets to make and file with the City Clerk a report in writing' containing the matters specified in Section 10204 of the Streets and Highways Code. The Superintendent of' Streets is hereby authorized, pursuant to the City procedure for the selection of engineering consultants, to retain an engineering consultant firm to perform all or part of the work involved in the preparation of the Engineer's Report for proposed Assessment District No. 89-9. SECTION 14. Pursuant to Section 20485 of the Public Contracts Code, the property owner of the property within proposed Assessment District*No. 89-9, being the owner of ail lands to be assessed, may exercise its option to take the contract for the construction of improvements within said district, subject to the requirements of said Section 20485. Nevertheless, pursuant to Section 20487 of said Code, the City Council hereby reserves the right to subsequently make the finding that, in its opinion, the public interest will not be served by allowing the property owner to take the contract for construction of the improvements and that the property owner may not elect to take such a contract pursuant to Section 20485. SECTION 15. Pursuant to Streets & Highways Code Section 8769 and Chapter 7 of Division H of Title II of the Code Ordinances of the City of [rvine, this Council hereby determines that the City will not obligate itself to advance available funds from the City treuury to cure any deficiency which may occur in the bond redemption fund; provided, however, this determination shall not prevent the City from, in its sole discretion, advancing funds for such purpose as otherwise provided in the Improvement Bond Act of 1915. -3- PASSED AND ADOPTED by the City Council of the City of Irvine at an adjourned meeting held on the 18th day of July, 1989. ATTEST: /// // MAY~OF OF IRVINE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF IRVINE ) I, NANCY C. LACEY, City Clerk of the City of Irvine, HEREBY DO CERTIFY that the foregoing Resolution was duly adopted at an adjourned meeting of the City Council of the City of Irvine, held on the 18th day of July, 1989,.by the following roll call vote: AYES: 5 COUNCILMEMBERS: Cosgrove, Dornan, Sheridan, Werner and Agran NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None RESOLUTION i'lL). 8 9 - t 1 0 -4- EXHIBIT A ASSESSMENT DISTRICT NO. 89-9 NORTH WESTPARK ASSESSMENT DISTRICT DESCRIPTION OF WORK A. The construction of certain grading, paving, base, curbs and gutters, parkways, drainage, intersection work, signals, street lights, signing, striping, utilities, trails, spines and median landscaping together with appurtenances and appurtenant work for the following roadways~ · Warner Avenue - Full width road and bridge improvements from Culver Drive to San Joaquin Road (including new bridge at Peters Canyon Wash). · Jamboree Road - Six lane improvements from Barranea Parkway to north of [rvine Center Drive. *(fair share) · Paseo Westpark - Full width improvements from Barranea Parkway to Harvard Avenue. · Irvine Center Drive - Widening improvements from Harvard Avenue to Culver Drive· · Culver Drive - Turn pocket and median improvements between lrvine Center Drive and Barranea Parkway. · Barranea Parkway - Widening improvements from Culver Drive to Harvard Avenue. · Harvard Avenue - Full width improvements and realignment from Barranea Parkway to lrvine Center Drive.-- '(fair share) B. The construction of drainage improvements to: · Valencia Channel - Culver Drive to Harvard Avenue. · Warner Channel - Culver Drive to Peters Canyon Wash. C. The construction of traffic sign,l, as required &nd meeting warrants. · Fair share is to be based on various traffic analyses which will be utilized in determining which portions of these projects benefit the assessment district area. PIFOlO-iT/CCL(1) HANGARI 65 0ARY H) IdC~S HOUSING ,AS HOUSING / 47 PROPOSED ASSESSMENT DISTRICT I~\\\\\\\\\~ ASSESSMENT DISTRICT AREA ~~---STREET IdPROVEMENTS j ~' ~ .,~ .~' DRAI'4AGE Id)ROVEMEI~r~ cENTER THE CROSSROAOS MERVYN'S Pr.A/,& . N.T.S. CITY COUNCIL RESOLUTION NO. 89-125 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRVINE REQUESTING THAT THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVE THE TAKING OF CERTAIN PROCEEDINGS PURSUANT TO THE MUNICIPAL IMPROVE- MENT ACT OF 1913 FOR THE FORMATION OF ASSESSMENT DISTRICT NO. 89-9 WHEREAS, the City Council of the City of Irvine is contemplating certain work in the City of Irvine and the City of Tustin under the provisions of the Municipal Improvement Act of 1913; and WHEREAS, a portion of the project and the property proposed to be assessed for said work are located in an incorporated portion of the City of Tustin; and WHEREAS, pursuant to the Municipal Improvement Act of 1913, the consent of the City Council of the City of Tustin is required for the above proceedings. NOW, THEREFORE, the City Council of the City of Irvine DOES HEREBY RESOLVE as follows: SECTION 1. The proceedings proposed to be taken and the work proposed to be performed are all as described in the Resolution of Intention, which resolution is attached hereto as Exhibit "A". SECTION 2. The proposed boundaries of said Assessment District No. 89-9 are as shown on a map thereof which indicates by a boundary line the extent of the territory proposed to be included in said assessment district, which map is designated "Proposed Boundaries, Assessment District No. 89-9, City of lrvine" and is attached hereto as Exhibit "B" ("Boundary Map"). SECTION .3. The City council of the City of Tustin is hereby requested to approve the initiation of said proceedings and the assumption of jurisdiction with respect thereto by the City of h-vine. SECTION 4. The City Clerk is hereby authorized and directed to cause to be transmitted a certified copy of this Resolution, with the attached copies of the Resolution of Intention and the Boundary Map to the aforesaid City Council. -1- PASSED AND ADOPTED_bY the City Council of the City of Irvine at a regular meeting held on the 12th day of September, 1989. ATTEST: STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF IRVINE ) I, NANCY C. LACEY, City Clerk of the City of Irvine, HEREBY DO CERTIFY that the foregoing Resolution was duly adopted at a regular meeting of the City Council of the City of Irvine, held on the 12th day of September, 1989, by the following roll call vote: AYES: 5 COUNCILMEMBERS: Cosgrove, Dornan, Sheridan, Werner and Agran NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CfrY CLF~K OF TH~ CI~ ~'IRVINE -2- SHEET 1 OF 1 SCALE, 1 '-600' PROPDSED BOUNDARIES ^SSESSNENT DISTRICT No. CITY OF IRVINE COUNTY OF ORANGE STATE OF CALXFORNIA 89-9 OF ~IF. 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